Posted on 12/08/2011 3:43:25 AM PST by marktwain
Madison - Homeowners who shoot intruders will have new legal protections, under a bill signed Wednesday by Gov. Scott Walker.
The Republican governor also signed legislation to limit attorney fees in lawsuits - a bill that conservatives said would end frivolous lawsuits but which Democrats said also would end many lawsuits with merit.
Under the intruders bill, courts in most criminal and civil matters would presume that people using deadly force had acted reasonably against anyone unlawfully inside their residence, business or vehicle, whether the trespasser was armed or not.
The proposal is sometimes known as the "castle doctrine," a reference to the saying that one's home is one's castle. The bill passed the Senate and Assembly on bipartisan votes last month.
The legislation is one of 21 bills that Walker signed privately Wednesday after they were passed by the Republican Legislature in October and November.
"By signing the castle doctrine into law, I am standing with those individuals who chose to protect their family and property," Walker said in a statement.
On Nov. 1, Wisconsin became the 49th state in the country to allow people to carry concealed firearms.
A group within the State Bar of Wisconsin representing more than 600 criminal defense lawyers, prosecutors, judges and academics opposed the castle doctrine bill because "malevolent, reckless, or paranoid people who shoot trick-or-treaters or repairmen on their porch will be presumed to be acting in self-defense." Members of that group say they can't come up with a single case where a homeowner was charged with a crime for defending himself or herself against an intruder.
Milwaukee County Sheriff David A. Clarke Jr. said he supports the measure.
"I'm not going to have to sweat whether or not a prosecutor is going to come along and put the onus on me," he said. "It's going to send a profound message to would-be burglars and would-be intruders."
Under previous law, a person couldn't seek to kill or wound someone unless he or she reasonably believed it was needed to prevent harm to themselves.
The proposed immunity under the castle doctrine legislation wouldn't apply to people who were using their home or other property for crimes such as drug dealing.
It also wouldn't shield a shooter who attacked someone who he or she knew or should have known was a police officer, firefighter or emergency medical technician.
The governor also signed bills to:
* Cap attorney fees. The bill by state Rep. Robin Vos (R-Rochester) will presume that reasonable fees are no more than three times any monetary damage award but will allow judges to exceed that if plaintiffs' attorneys prove the limit was unreasonable. Democrats and consumer attorneys contended that limiting attorney fees will gut the state's consumer protection laws because lawyers won't agree to take complex cases over relatively small amounts.
* Allow school officials to use standardized tests to help decide whether to discipline or fire teachers. Previous law allowed school administrators to use standardized tests as one of multiple criteria to evaluate teachers' performance but prohibited school districts from using the test results to fire or suspend a teacher.
The bill will allow such actions, as long as the test results aren't the sole reason for removing, suspending or disciplining a teacher.
* Block local governments from preventing landlords from looking at a prospective renter's credit, criminal history or previous housing. The bill will also keep local governments from prohibiting landlords from looking at their tenants' income, occupation, rental history or court history.
* Allow alcohol to be sold earlier in the morning. The bill will allow retailers in the state to start selling beer and liquor at 6 a.m. Local governments will be able to set later starting times for alcohol sales if they choose.
Scott Walker is the BEST thing to happen to Wisconsin in decades.
Walker signs bill allowing homeowners to kill
This is the headline in our LEE ENTERPRISES rag in La Crosse.
“The Republican governor also signed legislation to limit attorney fees in lawsuits - a bill that conservatives said would end frivolous lawsuits but which Democrats said also would end many lawsuits with merit.”
More proof that the left doesn’t oppose people getting rich, just as long as they are the people whom they support.
It is an AP story. AP has been rabidly anti-gun for decades.
Sounds like even the Dumbocrats admit that many lawsuits are total BS.
...and the message is you are gambling with your life.
I’m hoping he wins - again - by a resounding margin!
What would really end frivolous lawsuits would be if the plaintiff's lawyer was billed for defendant's legal costs if the case was declared frivolous.
Yes, but local copy editors can write any headline they like.
Great article. Yes, Walker is doing great things in Wisconsin, and the media/demoRATs/union thugs/criminals/teacher unions/lawyers all hate him for it. They will try to recall Walker, but in the senator recall elections last July, even though the Repubs lost 2 seats in demoRAT districts, on a whole the WI GOP garnered 53% of the total votes vs the demturds of 47%. I predict that Walker will win with more than his victory margin of 53-47 in the last election, I predict he will win with 55-45 margin even with the demoRATs & unions pumping $100 MILLION into the recall against Walker.
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